Loading...
1972 04 18 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 18, 1972 The City Council of theCity of Baytown met in regular session on Tuesday, April 18, 1972 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Jody Lander Tom Gentry Charles Pool Jim McWilliams C. 0. Walker Allen Cannon C. Glen Walker J. B. LeFevre Howard Northcutt Neel Richardson Belinda Bingham Absent: Edna Oliver Councilman Councilman Councilman Councilman Councilman Councilman Mayor Acting City Manager Administrative Asst City Attorney Deputy City Clerk City Clerk 6-AD 0 Mayor Walker called the meeting to order and the Invocation was offered by Councilman Gentry. He then called for consideration of the minutes of the special meeting of March 28. Councilman Lander moved to approve the minutes as submitted and Councilman Walker seconded the motion. The vote was unanimous in favor. Mayor Walker called for consideration of the minutes of the special meeting of March 30. Councilman Cannon made one correction - the estimated cost of repaving Jones Road from Sterling to Schilling should read $36,000, afterwhich he moved to approve the minutes as corrected. Councilman Lander secbnded the motion and the vote was unanimous in favor. Mayor Walker called for consideration of the minutes of the special meeting of April 12. Councilman Walker moved to approve the minutes as submitted and Councilman Cannon seconded the motion. The vote was unanimous in favor. Receive Proposals - 2.6 Million Dollars of General Obligation Bonds Mr. Tom Masterson, Fiscal Agent, presided at the opening of the bids. The tabluation follows: Name Bonds Maturing @ Phelps, Fenn & Co & Assoc. 1973=80 6:0% 1981 5.5 1982 -85 5.0 1986 -87 5.2 1988 -89 5.4 1990 -92 5.5 First Nat'l Bank of Dallas Ft. Worth Nat'l Bank Rauscher- Pierce Securities Texas Commerce Bank Goldman Saxe & Co. Republic nat'l Bank of Dallas & others 1973 -79 1980 -86 1987 1988 1989 1990 -92 1973 -77 1978 -82 1893 -85 1986 -87 1988 -89 199092 5.875 5.0 5.2 5.3 5.4 5.5 5.75 4.75 5.0 5.25 5.4 5.50 Effective Interest'Rate 5.4241% 5.37788 5.3652 t? 5200-A Regular meeting, April 18, 1972 Underwood, Neuhaus & Co and Assoc. 1973 -78 6.0% 1979 -86 5.0 1987-88 5.2 1989 -90 5.4 1991 -92 5.5 Rowles, Winston & Pierce 5.349688% Dominic & Dominic & others 1973 -76 5.75 1977 -86 5.0 1987 -88 5.2 1989 -91 5.4 1992 5.5 5.314699% While Mr. Masterson tabulates the bids received, Council will continue with the printed agenda. Baytown Cleanup Campaign City Attorney Neel Richardson read Resolution No. 380 supporting the efforts of the Chamber of Commerce and the Baytown Beautification Committee in their fight to have the litter ordinance vigorously enforced. Councilman McWilliams moved to adopt the resolution; motion seconded by Councilman Walker. Discussion followed concerning the necessity of the resolution, and wording of parts of the preamble, afterwhich a vote on the motion was called: Ayes: Councilmen Lander, Gentry, "Pool, McWilliams, Walker Mayor Walker Nays: Councilmen Cannon The caption of the resolution follows: RESOLUTION NO. 380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FORMALLY ENDORSING THE FFORTS OF THE CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE AND THE CITY OF BAYTOWN'BEAUTIFICATION COMMITTEE IN THEIR EFFORTS IN AN ALL OUT CLEANUP CAMPAIGN IN THE CITY OF BAYTOWN. Mr. Masterson - Tabulation of Bids Mr. Masterson reported all tabulations to be correct, and recommended accepting the bid of Rowles, Winston Company and Associates at an interst of 5.314 %, for the sale of 2.6 million dollars of General Obligation Bonds. Ordinance - Accept Bid - Bond Sale City Attorney Neil Richardson read the caption of the proposed ordinance authorizing the sale of the General Obligation Bonds. Councilman Cannon moved to adopt Ordinance No. 1210 and accept the lowest bid of Rowles Winston Company. Councilman Lander -_ seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1210 AN ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972; APPROPRIATEING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATIVE THERETO. Mr. Master requested permission to return all bidders' checks. Councilman Walker moved to return the checks and Councilman Cannon seconded themotion. The vote: Aye: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nay: None Minutes, April 18, 1972 ORDINANCE NO. 1210 CERTIFICATE FOR ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972; APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTOWN X We, the undersigned officers of theCity Council of the'CITY OF BAYTOWN, TEXAS, hereby certify as follows: 5201 1. The City Council of the CITY OF BAYTOWN, convened in REGULAR MEETING, ON THE 18TH DAY OF APRIL, 1972, in the City Hall, within the City; and the roll was called of the duly constituted officers and members of said Council and the City Clerk; to -wit: Glen Walker Mayor Tom Gentry Councilman Charley 0. Walker Councilman Charles Pool Councilman Allen Cannon Councilman Jody Lander Councilman Jim McWilliams Councilman Mrs. Edna Oliver City Clerk ++ and all of said persons were present except the following absentees: Mrs. Edna oliver, thus constituting a quorum. Whereupon, among other business, the following was transacted a said meeting: a written ORDINANCE AUTHORIZING USSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972; APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO was duly introduced for the consideration of said Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of said Council shown present above voted "Aye." NOES: None 2. That a true, full and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said Council's minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Council's minutes of said meeting pertaining to the adoption of said ordinance; that the personsn named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Council as indicated therein; that each of the officers and members of said Council was duly and sufficiently notified officially and personally, in advance,cf the time, place, and the purpose of the aforesaid meeting and that said ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, tothe holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the time, place, and subject of said meeting was given as required by Vernon's Article 6252 -17, as amended. 9 9 5202 Minutes, April 18, 3. The Mayor of said City has approved, and hereby approves, the aforesaid ordinance; the Mayor and City Clerk of said City have duly signed sad ordinance; and the Mayor and City Clerk of said City hereby declare that their signing of this certificate shall also constitute the signing of the attached and following copy of said ordinance for all purposes. SIGNED AND SEALED the 19th day of April, 1972. e��"�R 1 4 Q�� City Clerk Mayor ORDINANCE NO. 1210 ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972; APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTOWN X WHEREAS, the bonds. hereinafter authorized were duly and favorably . l voted at an election held in the City on the 17th day of March, 1970; and WHEREAS, the City Council now deems it advisable to issue, sell, and deliver $2,600,000 bonds for the purposes shown in the following schedule as a portion and the last installment of bonds out of said total authorized bonds: l9 Amount Amount Date Amount Heretofore Being Unissued Purpose Authorized 'Authorized Issued Issued Balance San. Sew. Sys. 3 -17 -70 $,705,000 $1,705,000 $ -0- $ -0- Waterworks Sys. 3 -17-70 $2,010,000 2,010,000 -0- -0- Streets 3 -17 -70 3,715,000 1,435,000 $2,280,000 -0- Park 3 -17 -70 920,000 600,000 320,000 -0- Police Bldg. 3 -17 -70 500,000 500,000 -0- -0- Fire Station 3 -17 -70 50,000 50,000 -0- -0- Public Works 3 -17 -70 200,000 200,000 -0- -0- $9,100,000 $6,500,000 $2,600,000 $ -0- l9 5203 WHEREAS, the City Council has caused a notice of sale of such bonds to be published in the TEXAS BOND REPORTED which is a publication carrying municipal bond notices and devoted primarily to financial news and in the BAYTOWN SUN which is the official newspaper of the City, said notice having been published in each said publication more than ten days prior to thedate set for the sale of said bonds; and WHEREAS, bids have been received pursuant to said publications of said notice and theCity Council desires to authorize the issuance of said bonds and award the sale thereof on the basis of the best bid received; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, THAT: Section 1(a). The ordinance heretofore adopted by the City Council on the 26th day of February, 1970, authorizing the issuance of the bonds described in the preamble of this ordinance and calling an election therefor is hereby in all things ratified and confirmed. Section 1(b). All the matters and facts recited in the preamble hereof are hereby officially found to be true and correct. Section 2. The City's negotiable, serial, coupon bonds to be designated CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972 (hereinafter called the "Bonds "), are hereby authorized to be issued and delivered in the principal amount of $2,600,000 for the following purposes: (1) $2,280,000 for constructing permanent street improvement; and (2) $320,000 for punccasing and /or improving lands for park purposes Section 3. Said Bonds shall be dated April 15, 1972, shall be numbered consecutively from 1 through 520, and shall be in denomination of $6,000 each, and shall mature serially on February 15 of each of the years, and in the amounts, respectively, as set forth in the following schedule: 99. YEAR AMOUNT YEAR AMOUNT 1973 1974 1975 1976 1977 1978 $50,000 50,000 50,000 50,000 50,000 50,000 1983 1984 1985 1986 1987 1988 $ 75,000 75,000 100,000 100,000 150,000 225,000 1979 50,000 1989 300,000 1980 1981 1982 75,000 75,000 75,000 1990 1991 1992 300,000 350,000 350,000 99. 5204 Said Bonds may be redeemed prior to their scheduled maturities, at the option of the City, on the dates stated and in the manner provided in the FORM OF BOND set forth in this ordinance. Section 4. Said Bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1973 through 1976, 5-3/4 % Bonds maturing 1977 through 1986, 5 % Bonds maturing 1987 through 1988, 5.2 % Bonds maturing 1989 through 1991, 5.4 % Bonds maturing 1992 5� % evidenced by interest coupons which shall appertain to said Bonds which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 5. Said Bonds, and the interest coupons appertaining thereto, shall be payable, shall the characteristics, and shall be signed and executed (and said Bonds shall be sealed), all as provided in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 6. The form of said Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said Bonds, shall be, respectively, substantially as follows: NO. 'FORM OF BOND: $5,000 UNITED STATESOF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BOND SERIES 1972 ON FEBRUARY 15, , the CITY OF BAYTOWN, in the Counties of Harris and Chambers, in the State of Texas, promises to pay to bearer the principal amount of H 5205 FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable February 15, 1973, and semiannually thereafter on each August 15 and February 15 while this bond is outstanding. The principal of this bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or peoper interest coupon at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, or, at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, which banks shall be the paying agents for this series of bonds. THIS BOND is one of a series of negotiable, serial, coupon bonds, dated April 15, 1972, issued in the principal amount of $2,600,000 for the following purposes: (1) $2,280,000 for constructing permanent street improvements; and (2) $320,000 for purchasing and /or improving lands for park purposes; in accordance with Chapters 1. and 7 of Title 22, Revised Civil Statutes of nexas, as amended, and pursuant to an election held within the City on the 17th day of March,. 1970, and authorized pursuant to an ordinance duly adopted by the City Council of the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972; APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally passed on the 18th day of April, 1972, this bond being one of a series of bonds which constitutes a portion and the last installment of $9,100,000 general obligation bonds voted at the aforesaid election. ON FEBRUARY 15, 1987, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN UNIVERSE NUMERICAL ORDER, for the principal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be mailed to the banks at which said bonds are payable and published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the required redemption price. If such written notice of redemption is published lind if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby autbmatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for the purpose fig 5206 of bing paid by the paying agents with the funds so provided far such payment. IT IS HEREBY certified, recited, and covenanted that this bond had been duly and validly voted, authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this bond, have been performed, existed, and been done in accordance with the law; that this bond is a general obligation of the City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this bond, as such interest comes. due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pladged irrevocably for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. Mayor COUNTERSIGNED: XXXXXXXXX City Clerk (SEAL) FORM 'OF'REGISTRATION'CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE I REGISTER NO. I hereby certify that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. (SEAL) WITNESS MY signature and seal this I Comptroller of Public Accounts of The State of Texas NO. FORM OF INTEREST COUPON: ON 15, 19 , 5207 the CITY OF BAYTOWN, in the Counties of Harris and Chambers, State of Texas, promises to pay the bearer the amount shown on this interest coupon, in lawful money of the Unites States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon at the CITIZENS NATIONAL BANK & TRUST COMPANY, Baytown, Texas, or, at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston , Texas, said amount being interest due that day on the bond hearing the number hereinafter designated of that issue of CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972, dated April 15, 1972. Bond NO. xxxxxxxxxx City Clerk xxxxxxxxx Mayor Section 7. A special fund or ac -ount, to be designated the "City of Baytown, Texas, LGeneral Obligation Bonds, Series 1972, Interest and Sinking Fund," is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only -for paying the interest on and principal of said Bonds. All ad valorem taxes levied and collected for an on account of said Bonds shall be deposited, as collected, to the credit of the Interest andSinking Fund. During each year while any of said Bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of such Bonds as such principal matures but never less than 2% of the original principal amount of said Bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of saidBonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and 19 5208 collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and prinicipal of said Bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment within the limits prescribed by law. Section 8. There is hereby appropriated out of the proceeds of sale of the Bonds authorized by this ordinance the following sums for the following indicated purposes, respectively: (1) $2,280,000 for constructing permanent street improvements; and (2) $320,000 for purchasing and /or improving lands for park purposes. It is hereby estimated that the maximum cost, respectively, for each of the aforesaid projects will not exceed the amount named above for each such project, respectively; and there is no necessity for any down payment on these projects; and no such down payment is hereby ordered to be made. It is hereby officially found and determined that the probable period of usefulness of each of the aforesaid projects is forty years. Section 9. Out of the proceeds of sale of the Bonds authorized by this ordinance the following sums are hereby ordered to be used and expended for the following indicated purposes; respectively: (1) $2,280,000 for constructing permanent street improvement; and (2) $320,000 for purchasing and /or improving lands for park purposes; as provided in the ordinance adopted on the 26th day of February, 1970, calling the bond election which was held in the City on the 17th day of March, 1970. Section 10. The City hereby specially covenants -and agrees with the original purchasers of the Bonds and with the owners or holders from time to time of the Bonds that: (1) The City will promptly proceed to utilize the proceeds of the sale of the Bonds (.other than accrued interest to date of delivery and any premium) for the purpose, as stated on the face of each of said Bonds, for which the Bonds are to be issued. (2) No portion of the Bonds is issued as a part of an issue, all or a major portion of theproceed of which are reasonably expected to be used directly or indirectly; 19 5209 (a) to acquire securities (within the meaning of Section 165 [g] [2] [A] or obligations (other than the obligations described in Section 103[a][1] of the Internal Revenue Code), except for a temporary period to the extent permitted by Section 103 (d) (4) (A) of the Internal Revenue Code, which may be reasonably expected at the time of the issuance of such issue of Bonds to produce a yield over the term of the issue of Bonds which is materially higher (taking into account any discount or premium) than the yield on the issue of Bonds, or (b) to replace funds which were used directly or indirectly to acquire securities or obligations described in subparagraph (a) above. (3) The City will take such action as may be necessary in accordance with regulations prescribed from time to time by the Secretary of the Treasury or his delegate to carry out the purposes of Section 103 (d) of the Internal Revenue Code so that no portion of the issue of Bonds shall be classified as an "arbitrage bond" within the meaning of Section 103(d) of the Internal Revenue Code. (4) The City will not permit to be deposited to the credit of any of the funds herein mentioned or applied to the payment of the prinicipal of or interest on the Bonds any proceeds from any grant, donation, or income received from the United States Government, whether pursuant to agreement or otherwise, if such deposit or application would result in interest payable on said Bonds being includable in whole or in part in gross income for Federal income taxes. Section 11. The Mayor of said City is hereby authorized to have control of said Bonds and all necessary records and proceedings pertaining to said Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond, and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of said Bonds. Section 12. Said Bonds are hereby sold and shall be delivered to Rowles, Winston & Co. for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ none , subject to the unqualified approving opinions, as to the legality of said Bonds, of the Attorney General of the State of Texas and of Vinson, Elkins, Searls & Smith, Houston, Texas, market attorneys; and it is hereby officially found, determined, and declared that the Bonds are sold on the best terms and for the best price possible. 0 C 1 5210 Section 13. The Mayor and all other appropriate officers of the CITY OF BAYTOWN are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 14. This ordinance was read once by the City Council and shall taee effect immediately. Section 15. It is hereby officially found and determined that the need of the City for such financing creates an emergency and and urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICES OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. PASSED, AUTHENTICATED, AND APPROVED this 18th day of April, 1972. ATTEST: City Clerk CITY OF BAYTOWN, TEXAS (SEAL) Mayor CITY OF BAYTOWN, TEXAS Minutes., April 18, 1972 5211 Baytown Beautification Association— Formation Mr. Mery Rosenbaum, Chairman of the City Beautification Committee requested Council permission to merge with the Chamber of Commerce Beautification Committee, thus forming the Baytown Beautification Association. He presented an outline based on a similar organization formed in San Antonio showing the purposes and accomplishments of the group, and methods of operation. The committeee will first officially combine on May 1. Councilman Gentry moved to disolve the City's Beautification Committee for the purpose of combining with the Chamber of Commerce Beautification Committee into a corporate organization. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Agreement with Ellington Air Force Base and City of Baytown City Attorney Richardson read the caption of Resolution No. 381, which is an agreement between the City of Batyown and Ellington Air Force Base regarding reciprocal fire assistance. This resolution will eliminate any misunderstandings of who would be in charge .of any airplane crash inside Baytown Fire Department jurisdictions that is for military and governmental craft only. Councilman Walker moved to adopt the resolution. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the resolution farrows:. RESOLUTION NO. 381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION BETWEEN THE CITY OF BAYTOWN FIRE DEPARTMENT AND ELLINGTON AIR FORCE BASE FIRE DEPARTMENT. Agreements with Consultants regarding Employees Retirement Plan City Attorney Richardson read the caption of the ordinance authorizing the employment of the consulting firm of Galbraith & Green to, evaluate the employee's retirement proposals. Councilman Lander moved to adopt the ordinance. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH GALBRAITH AND GREEN FOR A SUM NOT TO EXCEED ONE THOUSAND FIVE HUNDRED AND N01100 ($1,500) DOLLARS FOR A COMPLETE STUDY AND RECOMMENDATION ON PROPOSALS PRESENTED TO THE RETIREMENT COMMITTEE AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Final Reading - Annexation - 30 acres for park Mayor Walker introduced the proposed ordinance annexing the Harper 30 -acre tract on final reading. Councilman Walker moved to adopt the ordinance. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: 89. 5212 Minutes, April 18, 1972 ORDINANCE NO. 1194 AN ORDINAMCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Bids - Roseland Swimming Facility Acting City Manager LeFevre recommended "throwing out" the two bids received thus far, and re- advertising for bids. The specifications may also be revised. Some of the work may be combined with other bidding projects in order to create more response from bidders. Councilman Walker moved to reject the two bids received, and re- advertise. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walter and Cannon Mayor Walker Nays: None Bids - Constriction of Sodewalks at various schools and base for Fountain -Civic Center Mr. LeFevre recommended throwing out bids received on these two projects and re- advertising for bids; these may be' combined to attract more bidders. If the bids are not acceptable regarding the sidewalks, the City and schools may use their own forces.to build them. Councilman Gentry moved to accept the Administrations' recommendation and Ye- advertise for bids Councilman Lander seconded the motion. The vote follows: Ayes: councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Speed Limit on Hiway 146 during Construction City Attorney Neel Richardson introduced and read the caption of an ordinance which would reduce the speed limit, to 30 mph, on Highway 146 from Alexander Drive to Cedar Bayou Road --during construction. Councilman Walker moved to adopt the ordinance and Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams; Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING SPEED LIMITS DURING CONSTRUCTION OF HIGHWAY 146 FROM ALEXANDER DRIVE TO CEDAR BAYOU ROAD AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. Telephone Rate Consultant - Fee City Attorney Richardson read the caption of the ordinance authorizing the payment of $6,144.03 to Clinton Owsley & Associates for services rendered as telephone rate consultant. After discussion of the itemized statement from Mr. Owsley, Councilman Lander moved to adopt the ordinance. Councilman Pool seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None IC Minutes, April 18, 1972 5213 ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX THOUSAND ONE HUNDRED FORTY -FOUR AND 03/100 ($6,144.03) DOLLARS TO CLINTON OWSLEY AND ASSOCIATES, PUBLIC UTILITY RATE AND SERVICE CONSULTANTS, FOR CONSULTING SERVICES IN CONNECTION WITH A REQUEST BY GENERAL TELEPHONE COMPANY OF THE SOUTHWEST TO INCREASE LOCAL RATES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. General Telephone Franchise - Second Reading City Attorney Richardson read the caption of the ordinance granting a franchise to General Telephone. Councilman Lander moved to adopt the ordinance; motion seconded by Councilman Walker. Mr. Don Holdridge, Vice President of General Telephone Company of the Southwest stated the franchise is acceptable to his company in every respect but one - Section 7 regarding the gross receipts tax on "telephone operations within the corporate limits of the city." Under state law, the city does not have legal authority to assess tax on total operations of the company, but only on "local telephone operations." If the language is changed in this regard, the franchise would become acceptable to General LTelephone Company. Mr. Richardson, in his legal opinion, was in agreement with Mr. Holdridge. He said the ordinance could be re- considered and amended, thus requiring three .readings, as it would assume the status of a new franchise ordinance. Mrs. Holdridge also requested revision of the rate ordinance to strike the clause that makes its passage contingent upon the passage of the franchise ordinance; and make the rate increase effective in immediate future. Mayor Walker pointed out that the wording of the ordinance and its attachment to the franchise recognized not 6nly the need for increased rates, but the need for improved service by General Telephone. Councilman Lander requested Councilman Walker to withdraw the second, in order to withdraw his motion, and have the franchise reconsidered. Councilman Walker declined, and a vote to adopt the franchise on second reading was called: Ayes: Councilmen Gentry, McWilliams and Walker Mayor Walker Nays: Councilmen Lander, Pool and Cannon The caption of the ordinance follows: ORDINANCE NO. 1205 AN ORDINANCE GRANTING TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE TO USE THE CITY'S PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, EASEMENTS AND OTHER PUBLIC THOROUGHFARES, FOR ITS TELEPHONE SYSTEM FOR A PERIOD OF FIFTEEN (15) YEARS FROM AND AFTER REGULATING THE USE OF THE STREETS BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT UNDER CONDITIONS BEYOND THE COMPANY'S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING AND LOWERING OF WIRES; PROVIDING.FOR COMPENSATION TO BE PAID TO THE CITY OF BAYTOWN; PROVIDING FOR USE BY THE CITY FOR ITS POLICE AND FIRE ALARM SYSTEM OF CERTAIN WIRE SPACE AND CONDUITS, PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; PROVIDING THE COMPANY'S OBLIGATION TO FURNISH EFFICIENT TELEPHONE SERVICE AT REASONABLE RATES; PROVIDING A SEVERABILITY-CLAUSE; RESERVING, ALL POWERS OF REGULATION; PROVIDING FOR INDEMNITY BY THE COMPANY TO THE CITY; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Appointment.of Auditors Councilman Walker, Chairman of the committee to select an auditor, recommended continuing with the present firm of Gerace & Hullum 'for the next fiscal year. Councilman Gentry moved to accept the recommendation. Councilman Lander seconded the motion. The vote: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None 5214 Minutes, April 18, 1972 Designate terms - Baytown Environmental Advisory Board Mayor Walker made the following recommendations for terms to Environmental Advisory Board: Carl Sannerton - member at large, 1 year term Don Hyde - member at large, 1 year term Bayshore Rod & Reel Club - complete unexpired 1 -year term Texas Society of Professional Engrs. - complete unexpired 1 -year term League of Women voters - 2 -year term Steve Carroll - Citizen at large - 2 year term American Soc. of Mechanical Engrs. - 2 year term City Councilman - 2 year term Citizen at large (vacant) 2 year term Councilman Walker moved to accept the Mayor's recommendation for designation of terms. Councilman Gentry seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walkerand Cannon Mayor Walker Nays: None Baytown Housing Authority Mayor Walker announced the re- appointment of Mr. Tom Litras and E. C. Winegartner to the Baytown Housing Authority. Two vacancies will remain: (1) Mr. Tony Campos's term has expired, and (2) Mr. H. M. Campbell is unable to serve because of ill health. Appointments to the Housing Authority do not require Council approval. Planning Commission - Appointments The terms of three Planning Commission members expires concurrently with the City Council election : Mrs. Dan Mundinger, Dr. John H. Andrews and Dr. Richard Strahan. Mayor Walker requested they be re- appointed for two -year terms. Councilman McWilliams moved to reappoint these three members. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Ladder, Gentry , Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Job Fair Committee - appointments Mayor Walker requested the appointment of Mr. Ben Sizemore to the Job Fair Committee. Councilman Walker moved to approve the appointment . Councilman Cannnon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Baytown Museum Advisory Board - appointments In a letter to Council, Mr. I. M. Jones, Chairman of the Musuem Advisory Board requested the re- appointments of Mrs. Sibyl Jordan and Mrs. Robert Kelley, and the appointment of Mrs. Edna Gray. Councilman Gentry moved to approve the appointments. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilman Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None e Minutes, April 18, 1972 5215 Industrial District Committee - appointments * ** *(see also 12aragraph below) * * * ** Councilman McWilliams reported a scheduled meeting of Industrial District Committee with Helmrich -Payne Wednesday afternoon at 5PM, and requested the two vacancies of the Committee be filled :prior to the meeting. Mayor Walker submitted the names of Councilman Gentry, and Councilman Cannon who will serve as chairman.. Councilman Lander moved to approve the appointments. Councilman Walker seconded the motion. Thevote follows: Ayes; councilman Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Board of Equalization Mayor Walker requested Council be considering appointments to the Board of Equalization for the next regular Council meeting. Unfinished Business Brownwood - report on work session t• Mayor Walker summarized the steps, decided in work session, Council could take to acquire funds for a levee: (1) Vist other cities that have been successful (2) Visit the Corps of Engineers seeking "emergency" status (3) Pursue congressmen. to make available funds (4) Consider possibility of hiring additional personnel or a consultant. Councilman Gentry moved to authorize the Administration, or any personnel the ministration deems necessary, to pursue the matter and expend monies necessary to-acquire information necessary to bring further recommendation on this problem. Councilman Walker seconded the motion and the vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Mr. W. B. Simon requested the status of the perimeter roads. Mr. LeFevre reported the plans are nearing completion, and bids may be taken on May 15 provided dirt has been secured. Mr. Richardson informed Council he could not secure a title to the property the City had planned to purchase for fill dirt, but other alternatives are being studied. Chairmanship - Industrial District Committee * * * * * * * * * * * * * ** Councilman McWilliams informed Mayor Walker that he had served as chairman of the Industrial District Committee, and requested reasons for his appointing Councilman Cannon as chairman. Mayor Walker stated he was under the impression the Committee did not have a chairman. "Operation Alternatives" Mayor Walker explained some information he had received regarding a program to combat drug abuse, to be called "Operation Alternatives ". One hundred thirty selected cities will attend the program in Dallas. Council may send for an inventory packet to be filled out by the Administration. Councilman Cannon moved to apply for the inventory packet. Councilman Gentry seconded the motion. The vote: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Cannon Mayor Walker Nays: None 1972 Institute for Mayor, Councilmen and Commissioners Mayor Walker informed Council May 14 -16 in San Antonio has been designated as 1972 Institute for Mayor, Councilmen and Commissioners. This will be a workshop for municipal affairs, or the councilman's place in solving problems'in the city. Authorization for the trip may be made at the next council meeting. to 5216 Letter from Mr. Jamie Bray Minutes, April 18, 1972 Councilman Walker introduced a letter written to a Baytown citizen from Mr. Jamie Bray, County Commissioner, in which he stated paving Baker Road is a high priority on the maintenance program for the county this year. Adjourn Councilman Walker moved the meeting be adjourned. Councilman Lander seconded the motion. The ayes were unanimous and the Mayor declared themeeting adjourned. APPROVED: --e- Q�� C. Glen Walker, Mayor ATTEST: Belinda Bingham, Deput City Clerk V�